BUSAD 120 - Business Law » Winter 2024 » Worksheet 01.2 Schools of Legal Thought & Classifications of Law
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Question #1
Match the theory of jurisprudence to the correct description. Natural law
A.
Law is constructed based on the norms as created by a legislature within the framework of the time in which they are created.
B.
Doctrines that have withstood the passage of time, either unchanged or have evolved with time, help guide us in shaping present laws.
C.
Legal standards derive from a universality of rights which apply to all human beings.
D.
Customary practices and the circumstances surrounding a transaction guide us in shaping the decision for that situation.
Question #2
Match the theory of jurisprudence to the correct description. Historical
A.
Legal standards derive from a universality of rights which apply to all human beings.
B.
Customary practices and the circumstances surrounding a transaction guide us in shaping the decision for that situation.
C.
Law is constructed based on the norms as created by a legislature within the framework of the time in which they are created.
D.
Doctrines that have withstood the passage of time, either unchanged or have evolved with time, help guide us in shaping present laws.
Question #3
Match the theory of jurisprudence to the correct description. Positivist
A.
Doctrines that have withstood the passage of time, either unchanged or have evolved with time, help guide us in shaping present laws.
B.
Legal standards derive from a universality of rights which apply to all human beings.
C.
Law is constructed based on the norms as created by a legislature within the framework of the time in which they are created.
D.
Customary practices and the circumstances surrounding a transaction guide us in shaping the decision for that situation.
Question #4
Match the theory of jurisprudence to the correct description. Legal realism
A.
Customary practices and the circumstances surrounding a transaction guide us in shaping the decision for that situation.
B.
Doctrines that have withstood the passage of time, either unchanged or have evolved with time, help guide us in shaping present laws.
C.
Law is constructed based on the norms as created by a legislature within the framework of the time in which they are created.
D.
Legal standards derive from a universality of rights which apply to all human beings.
Question #5
Which of the following would NOT be the subject of a criminal law statute?
A.
Injuring someone with a firearm
B.
Not performing an employment agreement
C.
Theft
D.
Selling government secrets to another nation
Question #6
__________law consists of laws that define legal rights and obligations while _________ law consists of laws that outline methods of enforcing established rights.
A.
Procedural, Substantive
B.
Substantive, Procedural
Question #7
A statute may contain both procedural and substantive provisions.
A.
FALSE
B.
TRUE
Question #8
Which of the following would be an example of a procedural law?
A.
A law detailing the method by which an employer must notify an employee about worker's compensation benefits.
B.
A law that provides employees with the right to worker's compensation benefits in the event of an on-the-job injury.
C.
A law that criminalizes the possession of marijuana.
D.
A case precedent that establishes the elements necessary to sue for a product liability claim.
Question #9
Judge Kayla Hamm hears a civil case about alleged sexual harassment. Judge Hamm strongly feels like the Defendant should be held liable because his behavior is morally reprehensible but sets aside her personal feeling and defers to the language of statutes and case precedents. Upon reading the statutes and case law she feels that the laws are unfair, however, based on that language she does not find that the Plaintiff has proven her case and finds for the Defendant. Judge Hamm's final decision is an example of which school of thought?
A.
The Positivist School of thought
B.
The Historical School of thought
C.
The Natural Law School of thought
D.
Legal Realism
Question #10
The idea that a judge's own personal life experiences impact their reasoning process in deciding a case is a reflection of
A.
The Positivist School of thought
B.
The Historical School of thought
C.
Legal realism
D.
The Natural Law School of thought
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